Tanaji Namdeo Yadav vs State Of Maharashtra
2022 Latest Caselaw 12674 Bom

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.4140 OF 2022
                                                      IN
                                        CRIMINAL APPEAL NO.1191 OF 2022

                       Tanaji Namdeo Yadav                                 .... Applicant

                                 versus

                       State of Maharashtra                                .... Respondent
                                                         .......

                       •      Mr. Shailesh Chavan i/b. Milind Deshmukh, Advocate for
                              Applicant.
                       •      Mr. S. R. Agarkar, APP for the State/Respondent.

                                                 CORAM      : SARANG V. KOTWAL, J.
                                                 DATE       : 06th DECEMBER, 2022

                       P.C. :


                       1.            The Applicant is convicted by the Additional Sessions

                            Judge, Baramati, vide Judgment and Order dated 17/10/2022

                            passed in Sessions Case No.137/2019. The major punishment

                            was 3 months besides imposition of fine.



          Digitally
          signed by
          MANUSHREE
                       2.            Heard Mr. Shailesh Chavan, learned counsel for the
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:

                            Applicant and Mr. S. R. Agarkar, learned APP for the State.
          2022.12.08
          11:18:51
          +0530




                  Nesarikar
                                2/3      03-IA-4140-22-IN-APEAL-4140-22.odt




3.            Learned counsel submitted that he has good case on

     merits. He submitted that the procedure for taking blood sample

     is not followed. There are no independent witnesses. The

     Applicant was on bail during trial. The alleged incident is dated

     10/04/2015. Even after his conviction he was granted interim

     bail u/s 389 of Cr.P.C.



4.            Learned APP opposed this application on merits. But he

     conceded that the sentence is short.



5.            I have considered these submissions. The sentence is

     maximum 3 months. The Appeal is not likely to be decided

     within that period. The Applicant was on bail during trial. The

     incident is old. Considering all these aspects, the Applicant can

     be granted bail pending Appeal.



6.            Hence, the following order :
              3/3           03-IA-4140-22-IN-APEAL-4140-22.odt

                   ORDER

(i) During pendency and final disposal of the Criminal Appeal No.1191 of 2022, the Applicant is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)